PROVINCETOWN CONSERVATION COMMISSION
April 18, 2006
6:30 P.M.
Members Present: Dieter Groll,
Elaine Anderson, Dennis Minsky, John Santos and Paul Tasha.
Members Absent: George Bryant and Robin Evans.
Others Present: Erica Larner
(Conservation Agent), Brian Carlson (Health Inspector) and Ellen C. Battaglini
(Recording Secretary).
Co-Chair
Dieter Groll called the meeting to order at 6:32 P.M.
PUBLIC
STATEMENTS:
None.
Enforcement Order
139 Commercial Street
Topsoil
has been dumped onto a coastal dune abutting the rear of the parcel.
Conservation
Agent, Erica Larner stated that the topsoil needs to be removed as well as the
paint station that was set up on top of the dune. Erica spoke to Bob O’Malley,
the property manager, and he stated that he needed to receive permission from
the owner in order to remove the soil. Emily Beebe commented on the situation.
Elaine Anderson moved to ratify the Enforcement Order for
the property at 139 Commercial Street, Paul Tasha seconded and it was so voted,
4-0.
Enforcement Order
6 Oak Drive
Fill
has been dumped along the edge of a fence. This fill has eroded into an
isolated, vegetated wetland. John Reis, the owner of the property has removed
the fill and installed silt fencing to the satisfaction of the Conservation
Agent.
Elaine Anderson moved to ratify the Enforcement Order for
the property at 6 Oak Drive, Paul Tasha seconded and it was so voted, 4-0.
Non-Criminal Citation
139 Commercial Street
Topsoil
has been dumped onto a coastal dune abutting the rear of the parcel.
This
notice has been sent to the property owner.
Emergency Certification
Sixth
Town Landing, Good Templar Place. The applicant proposes to remove a concrete
launch ramp and nourish the landing with sand to abate a public safety
emergency.
Presentation: David Guertin, head of the
Department of Public Works, appeared to request permission for emergency
repairs. He submitted a handout that briefly delineated the interim measures
taken by the Town at the site. The Town needs the permission of the Conservation
Commission in order to move forward to remedy the situation.
Public Comment: John Santos had a concern about
how and to where the macadam would be removed.
Commission Discussion: The Commission questioned Mr.
Guertin.
Paul Tasha moved to certify the request made by David
Guertin as an emergency and authorize the Town of Provincetown to proceed with
the repairs as presented by David Guertin, Elaine Anderson seconded and it was
so voted, 4-0.
Determination of
Applicability
Application by McHoul Funeral Home
for a Request for a Determination of Applicability under the Provincetown
Wetlands By-Law, Chapter 12 of the Provincetown General By-Laws, and under the
Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40. The applicant seeks
to install a holding tank with associated trenching at the property located at 94 Harry Kemp Way, in Provincetown.
Presentation: Emily
Beebe appeared to present the application. The applicant seeks to install a
waste-holding tank and a waste-distribution tank just outside the buffer zone
of a nearby wetland. The work will be confined to the driveway area and silt
fencing will line the limit of work.
Public Comment: None.
Commission Discussion: The Commission questioned Ms. Beebe.
John Santos moved to grant a Negative #2
Determination with the condition that the hay bales as shown on the site plan
be changed to straw bales, Elaine Anderson seconded and it was so voted, 5-0.
Determination of
Applicability
Application by Leonard Enos, Jr.
for a Request for a Determination of Applicability under the Provincetown
Wetlands By-Law, Chapter 12 of the Provincetown General By-Laws, and under the
Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40. The applicant seeks
to construct two stairways to access a proposed second floor deck at the
property located at 315A-319 Commercial
Street, in Provincetown. The applicant was not present and the application
was postponed to the end of the hearing.
Determination of
Applicability
Application by the Town of
Provincetown - DPW for a Request for a Determination of Applicability under the
Provincetown Wetlands By-Law, Chapter 12 of the Provincetown General By-Laws,
and under the Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40. The
applicant seeks to construct storm water collection and infiltration facilities
at the property located at the
right-of-way adjacent to 1 Commercial Street, in Provincetown.
Presentation: Russ
Kleekamp, of Stearns & Wheler, LLC, appeared to present the application.
The applicant seeks to install flow control structures at the site to prevent
storm water from reaching the bay.
Public Comment: The
Commission questioned Mr. Kleekamp.
Dennis Minsky moved to grant a Negative #2
Determination, Elaine Anderson seconded and it was so voted, 5-0.
Notice of Intent
Application by the Union Wharf
Condominium under the Provincetown Wetlands By-Law, Chapter 12 of the
Provincetown General By-Laws, and under the Massachusetts Wetlands Protection
Act, M.G.L. c. 131, § 40. The applicant
seeks to repair three pilings under an existing building at the property
located at 97 Commercial Street, in
Provincetown.
Presentation: Tim
Brady, of East Cape Engineering, appeared to present the application. The new
pilings will be sistered to the old pilings for added support. Mike Winkler
will be doing the job by mounting a crane on a barge. All work will be
performed on the water side of the site.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Brady. The Commission would like to have
more information about the pilings and how they will be driven into the ground
as well as a more detailed construction protocol for the project. In addition, DEP will require an
engineer-stamped plan to be submitted before any work can be begun. Mr. Brady
requested a continuance until the May 2, 2006 hearing.
Elaine Anderson moved to grant the request
for a continuance, Dennis Minsky seconded and it was so voted, 5-0.
Notice of Intent
Application by the Douglas
Taylor under the Provincetown Wetlands By-Law, Chapter 12 of the Provincetown
General By-Laws, and under the Massachusetts Wetlands Protection Act, M.G.L. c.
131, § 40. The applicant seeks to
relocate an existing dwelling at the property located at 11A Mermaid Avenue, in Provincetown.
Presentation: Doug
Taylor appeared to present the application. The applicant seeks to move the
dwelling closer to the ocean and install a concrete foundation for boat storage
and maintenance. He intends to employ and follow the standard order of
conditions for the site, including not using any heavy machinery on the beach,
using straw bales to delineate the limit of work, submitting a detailed
planting plan for the site, informing the Commission 48 hours before the
commencement of any work, using off-site disposal, cleaning the beach daily and
making sure that material storage is secure and landward.
Public Comment: Mark
Irving, an abutter had a question about the location of the coastal dune in the
area. Mary Anne Boswell, an abutter had concerns about the use of heavy
machinery. Henry Bloch, an abutter, was concerned about vehicle access to the
property.
Commission Discussion: The Commission questioned Mr. Taylor. The Commission requested more of
a construction protocol for the project and a better idea where the coastal
dune is located. Mr. Taylor requested a continuance until the May 2, 2006
hearing when he will submit the requested information to the Commission,
Dennis Minsky moved to grant the request
for a continuance, Dieter Groll seconded and it was so voted, 5-0.
Determination of Applicability
Application by Leonard Enos, Jr.
for a Request for a Determination of Applicability under the Provincetown
Wetlands By-Law, Chapter 12 of the Provincetown General By-Laws, and under the
Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40. The applicant seeks
to construct two stairways to access a proposed second floor deck at the
property located at 315A-319 Commercial
Street, in Provincetown. The Commission will continue this application
until the May 2, 2006 hearing.
Elaine Anderson moved to grant a
continuance, Paul Tasha seconded and it was so voted, 5-0.
The Commission was informed that
the new fees have been advertised and will be in effect as of May 1, 2006.
The Commission reiterated the
need to work on the management plan for Clapp’s Pond.
Dennis Minsky went out to
Shankpainter Pond Sanctuary and observed that the trail had been mounded. He
subsequently learned that Celine Gandolfo had done it.
ADJOURNMENT:
Elaine Anderson moved to adjourn the meeting at 9:30
P.M. and it was so voted unanimously.
These minutes were approved by a vote of the Conservation Commission at their meeting on ___________________, 2006.
Respectfully submitted,
Ellen C. Battaglini
Approved by ________________________________ on _____________, 2006
Dieter Groll and Elaine Anderson, Co-Chairs